To require that an appeals referee state on the record the reason for refusing to accept into evidence written or physical material presented at the hearing.

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO.: RULE TITLE:
60BB-5.024: Conduct of the Hearing
PURPOSE AND EFFECT: To require that an appeals referee state on the record the reason for refusing to accept into evidence written or physical material presented at the hearing.
SUMMARY: The rule is amended to require the referee to state the reasons for rejecting any written or physical material offered as evidence. The rule is also amended to notify parties they have the right to object to inclusion or exclusion of written or physical material. Finally, the rule is amended to provide that failure to raise an objection at the hearing does not preclude the party from raising the objection in an appeal to the Unemployment Appeals Commission.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The text of the rule.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 443.012(11) FS.
LAW IMPLEMENTED: 443.151(4) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dorothy Johnson, Deputy General Counsel, The Unemployment Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-5.024 Conduct of the Hearing.

(1) through (2) No change.

(3) Evidence.

(a) through (c) No change.

(d) The hearing need not be conducted according to the technical rules regarding evidence and witnesses. When the appeals referee declines to accept as evidence any written or physical material presented for consideration, the appeals referee should specifically address on the record or in the written decision the reason the material was rejected. A party or the party’s representative may state an objection to the referee’s acceptance of written or physical material or refusal to accept written or physical material as evidence. Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonable persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding of fact unless it would be admissible over objection in civil actions. A party or the party’s representative may also advise the appeals referee of a defect in the character of any evidence introduced by voicing an objection. The objecting party shall be given an opportunity to explain the grounds for the objection. Failure of a party to voice an objection to any evidence introduced at the hearing or to the referee’s refusal to accept as evidence any written or physical material shall not prevent the party from raising the objection on appeal to the Unemployment Appeals Commission.

Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.24, Amended 8-20-86, Formerly 38E-5.024, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dorothy Johnson
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alan O. Forst, Chairman
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 21, 2011